995-996 997 997 999 999 999 1019 1022 1022 1022 Page. CLEMENTS V. BEALE. Relief which may be SCHOOMAKER v. HILLIARD. of exceptions contained in a case not signed by .55 App. Div. 140 TAYLOR V. SMITH. Appeal-Intermediate order- New JACHOVER V. DRY DOCK., E. B. & B. R. R. 54 App. Div. 238 57 App. Div. 218 MATTER OF PANTOS. Surrogate's court-Reference- -Rights, under notice of election to terminate, when not waived.... .......31 Misc. 76 DR. KENNEDY CORP. v. KENNEDY. Referee's re port when treated as "Short decision "-Reversal by the Appellate Division upon the law .. ......165 N. Y. 353 NEWMAN V. MAYER.-A judgment based on a decision not containing findings of fact or of law or a statement of the ground thereof, will be set aside... .....52 App. Div. 209 CLEMENTS v. BEALE. Relief which may be granted by the Appellate Division on an appeal. Where a motion for a non-suit is not renewed and no 1022 1022 1022 1048 1174 1209 1252 1268 1312 1313, 1314 1316 1335 Page. exception is taken to a, made under section 1022 of the Code of Civil Procedure....53 App. Div. 416 NAT'L PROTECTIVE ASS'N v. CUMMING. An exception is necessary to the review of a decision made under section 1022 of the Code of Civil Procedure.... REINER'S v. NIEDERSTEIN. ...53 App. Div. 227 Appeal from a judg ment entered on a short decision-Scope of re- ...55 App. Div. 80 Referee-Insufficient re ....32 Misc. 421 Crimes-Extra panel of .164 N. Y. 137 Crimes-Extra panel of ...164 N. Y. 137 tificate that the case dence....... ROWLANDS v. Y.M.C.A. port-Mistrial.......... PEOPLE V. LAMMERTS. jurors-Sheriff's return.. PEOPLE V. LAMMERTS. jurors--Sheriff's return.... CAMPBELL V. FRIEDLANDER. Death of a party pending an appeal-Application for the substitution of another party where made-Notice thereof, to whom given..... .51 App. Div. 191 ATLAS REFINING Co. v. SMITH. An execution may issue against real property, in the possesIsion of the heirs and devisees of a deceased judgment debtor, on which the judgment has not been a lien-Such execution can be issued after one year, only by leave of the court, 52 App. Div. 109 KAHN & CO.. CASPER. Discharge in bankruptcy, granted after answer and before a judgment by default-A supplement answer setting it up allowed on terms.. .........51 App. Div. 540 SAUGER V. MINER. Bond to secure payment of a judgment to be finally rendered-Not related by a limitation of the amount in which security, necessary to stay its enforcement, should be given on an appeal therefrom.....54 App. Div. 54 ANGEVIVE v. FLEISCHMANN. Security required to stay execution on a judgment in the City of Mount Vernon... ..55 App. Div. 106 TAYLOR V. SMITH. Appeal-Intermediate order— Remittance of case for consideration by Appellate Division ... ...164 N. Y. 399 LEWIN . TOWBIN. Justification of sureties on an undertaking on appeal from a judgment of the Municipal Court of the City of New York-It 1338 1338 1338 1338 1341 1342 1361 1361 1379-1380 1525 1538 1538 1589 1628 Page. must take place within ten days after a written notice that they are excepted to...51 App. Div. 477 MATTER OF KEEFE. Appeal-Presumption of re versal wholly upon question of law...164 N. Y. 352 VAN BEUREN v. WOTHERSPOON. Presumption as 52 App. Div. 109 1665 1669 1670 1679 1695 1726 1742 1771 1778 1781 sub. 1, 2, 5 and 6 1782 1785 Page. bond and mortgage carries with it the right to a deficiency judgment recovered upon a collateral obligation-It is not necessary to obtain leave to sue thereon, or that an execution shall have been issued and returned unsatisfied thereon..... ....57 App. Div. 480 TAYLOR v. WRIGHT. Action for trespass by an owner of a farm let on shares against a third person-It is maintainable under Code of Civil Procedure, section 1665.....................51 App. Div. 97 HONG LING v. WOLF FEIN. Forcible entry and detainer-Measure of damages-Treble damages how awarded....... ...33 Misc. 608 BROX v. RIKER, Lis Pendens-Canceled where the complaint does not state a cause of action specified in Code of Civil Procedure, section 1670-That it prays for such judgment is not enough-As a public record the lis pendens is before the Court-An amended complaint will not validate it.. .......56 App. Div. 388 MUNSELL V. MUNSELL. Guardian and Ward-Testamentary guardian's purpose in partition, of his ward's lands voidable only..........33 Misc. 185 MARSHALL V. FRIEND. Replevin-Description of property in affidavit-Receiver's delay in entering order granting leave to sue him....33 Misc. 443 MCLAIN v. MATHUSHEK PIANO MFG. Co. Complaint to recover a chattel, setting forth facts establishing its conversion-Costs where a verdict for less than fifty dollars is rendered .54 App. Div. 120 HIGGINS v. SHARP. Action to annul a marriage -Power of Supreme Court to grant alimony and counsel fees..... ...... .164 N. Y. G MERSEREAU v. MERSEREAU. Judgment for ab- ......33 Misc. 47 1785-1786 1788 1798 1815 1822 1822 1835 1836 1836 Page. Party-An action to procure an adjudication, that corporate powers have ceased-Lies in the name of the People on the relation of the party in interest-Distinguished from an action to dissolve a corporation.... .51 App. Div. 145 PEOPLE v. MERCANTILE CO-OPERATIVE BANK. Cooperative banking corporations-The AttorneyGeneral must bring an action to dissolve them on receiving a report from the Superintendent of Banks-A relator is unnecessary-When solvency produced by scaling down the amount due to shareholders is not a bar to such action .53 App. Div. 295 MASON MFG. Co. v. GARDEN. A temporary receiver of a corporation may be authorized to "finish and complete its outstanding contracts" -He is not individually liable for material purchased by him for that purpose in his representative capacity... .52 App. Div. 363 PEOPLE EX REL. HEARST v. RAMAPO WATER Co. Party-An action to procure an adjudication, that corporate powers have ceased-Lies in the name of the People on the relation of the party in interest-Distinguished from an action to dissolve a corporation....... ..51 App. Div. 145 METROPOLITAN TRUST Co. v. MCDONALD. Lease to one as executor-When an action lies thereon against the lessee individually and as executor...... .....52 App. Div. 424 ADLER V. DAVIS. Decedent's estates-Statute of Limitations-Costs on refusal to refer, ...... 31 Misc. 37 .33 Misc. 322 MATTER OF EICHMAN. Statute of Limitations- 66 |